that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is a lot of evidence that police and the f.b.i. are saying and they had him in that boat and we've all saw it live on tv. let's say he's not the guy. >> okay. >> bret: shouldn't he be given the miranda rights? >> he should be given miranda rights no matter what because if you're going to prosecute -- if you interview him to try to find out if he's guilty, he should get miranda rights. every person should if you're going to try to interview them to gain information to convict them in court. he's not entitled to miranda rights if he's a terrorist who is associated himself with enemies of the nation. ameri